Okla. Stat. tit. 36, § 36-1450

Oklahoma Statutes - Title 36. Insurance Page 373

A. No person shall act as or present himself or herself to be

an administrator, as defined by the provisions of the Third-party

Administrator Act, in this state, unless the person holds a valid

license as an administrator which is issued by the Insurance

Commissioner.

B. An administrator shall not be eligible for a nonresident

administrator license under this section if the administrator does

not hold a home state certificate of authority or license in a state

that has adopted the Third-party Administrator Act or that applies

substantially similar provisions as are contained in the Third-party

Administrator Act to that administrator. If the Third-party

Administrator Act in the administrator's home state does not extend

to stop-loss insurance, but if the home state otherwise applies

substantially similar provisions as are contained in the Third-party

Administrator Act to that administrator, then that omission shall

not operate to disqualify the administrator from receiving a

nonresident administrator license in this state.

1. "Home state" means the United States jurisdiction that has

adopted the Third-party Administrator Act or a substantially similar

law governing third-party administrators and which has been

designated by the administrator as its principal regulator. The

administrator may designate either its state of incorporation or its

principal place of business within the United States if that

jurisdiction has adopted the Third-party Administrator Act or a

substantially similar law governing third-party administrators. If

neither the administrator's state of incorporation nor its principal

place of business within the United States has adopted the Third-

party Administrator Act or a substantially similar law governing

third-party administrators, then the third-party administrator shall

designate a United States jurisdiction in which it does business and

which has adopted the Third-party Administrator Act or a

substantially similar law governing third-party administrators. For

purposes of this paragraph, "United States jurisdiction" means the

District of Columbia or a state or territory of the United States.

2. "Nonresident administrator" means a person who is applying

for licensure or is licensed in any state other than the

administrator's home state.

C. In the case of a partnership which has been licensed, each

general partner shall be licensed and shall qualify therefore as

though an individual licensee. The Commissioner shall charge a full

additional license fee and a separate license shall be issued for

each individual so named in the license. The partnership shall

notify the Commissioner within thirty (30) days if any individual

licensed on its behalf has been terminated, or is no longer

associated with or employed by the partnership. Any person making

application as an administrator or currently licensed as an

administrator under the Third-party Administrator Act shall provide

Oklahoma Statutes - Title 36. Insurance Page 374

a National Association of Insurance Commissioners (NAIC)

Biographical Affidavit.

D. An application for an administrator's license shall be in a

form prescribed by the Commissioner and shall be accompanied by a

fee of One Hundred Dollars ($100.00). The application shall be

filed and the fee shall be paid electronically in a form and manner

prescribed by the Commissioner. This fee shall not be refundable if

the application is denied or refused for any reason by either the

applicant or the Commissioner.

E. The administrator's license shall continue in force no

longer than twelve (12) months from the original month of issuance.

Upon filing a renewal form prescribed by the Commissioner,

accompanied by a fee of One Hundred Dollars ($100.00), the license

may be renewed annually for a one-year term. The renewal shall be

filed, and the fee shall be paid electronically in a form and manner
sioner.

E. The administrator's license shall continue in force no

longer than twelve (12) months from the original month of issuance.

Upon filing a renewal form prescribed by the Commissioner,

accompanied by a fee of One Hundred Dollars ($100.00), the license

may be renewed annually for a one-year term. The renewal shall be

filed, and the fee shall be paid electronically in a form and manner

prescribed by the Commissioner. A license that expires for failure

to submit a renewal application may be reinstated within ninety (90)

days after the expiration date by electronically submitting a fee in

an amount of Two Hundred Dollars ($200.00) in a form and manner

prescribed by the Commissioner and any other transaction or other

fee deemed necessary by the Commissioner. All applications received

after the license has expired for more than ninety (90) days shall

include a detailed report of administrator services provided in this

state during the period of expired licensure. The administrator

shall submit, together with the application for renewal, a list of

the names and addresses of the persons with whom the administrator

has contracted in accordance with Section 1443 of this title. The

Commissioner shall hold this information confidential except as

provided in Section 1443 of this title.

F. 1. The administrator's license may be issued or renewed by

the Commissioner unless, after notice and opportunity for hearing,

the Commissioner determines that the administrator is not competent,

trustworthy, or financially responsible, or has had any insurance

license denied for cause by any state, has been convicted or has

pleaded guilty or nolo contendere to any felony or to a misdemeanor

involving moral turpitude or dishonesty.

2. The administrator shall report to the Insurance Commissioner

any administrative or criminal action taken against the

administrator in another jurisdiction or by another governmental

agency in this state within thirty (30) calendar days of the final

disposition of the matter. This report shall include a copy of the

order, consent to order, copy of any payment required as a result of

the administrative or criminal action, or other relevant legal

documents.

3. Any entity making application to the Insurance Department as

a third-party administrator (TPA) or within thirty (30) days of a

change for a licensed TPA shall provide current National Association

Oklahoma Statutes - Title 36. Insurance Page 375

of Insurance Commissioners (NAIC) Biographical Affidavits on behalf

of all officers, directors and key managerial personnel of the TPA,

and individuals with a ten percent (10%) or more beneficial

ownership in the TPA and the TPA's ultimate controlling person

(affiant) as required for insurers pursuant to the laws of this

state.

G. After notice and opportunity for hearing, and upon

determining that the administrator has violated any of the

provisions of the Oklahoma Insurance Code or upon finding reasons

for which the issuance or renewal of such license could have been

denied, the Commissioner may deny, refuse to renew, suspend or

revoke an administrator's license or assess a civil penalty not more

than Five Thousand Dollars ($5,000.00) for each occurrence, or any

combination thereof. The payment of the penalty may be enforced in

the same manner as civil judgments may be enforced.

H. Any person who is acting as or presenting himself or herself

to be an administrator without a valid license shall be subject,

upon conviction, to a fine not less than One Thousand Dollars

($1,000.00) nor more than Ten Thousand Dollars ($10,000.00) for each

occurrence. This fine shall be in addition to any other penalties

which may be imposed for violations of the Oklahoma Insurance Code

or other laws of this state.

I. Except as provided for in subsections F and G of this

section, any person convicted of violating any provisions of the
a fine not less than One Thousand Dollars

($1,000.00) nor more than Ten Thousand Dollars ($10,000.00) for each

occurrence. This fine shall be in addition to any other penalties

which may be imposed for violations of the Oklahoma Insurance Code

or other laws of this state.

I. Except as provided for in subsections F and G of this

section, any person convicted of violating any provisions of the

Third-party Administrator Act shall be guilty of a misdemeanor and

shall be subject to a fine not more than One Thousand Dollars

($1,000.00).

J. Each administrator shall electronically submit, in a form

and manner prescribed by the Commissioner, any change of legal

business name, "doing business as" or assumed name, address, service

agent contact information, or contact email address, and any

necessary fees within thirty (30) days after the change occurred.

Any submission of a change under this subsection that is received

more than thirty (30) days after the change occurred shall be

accompanied by a fee of Fifty Dollars ($50.00).

K. Upon receipt of any inquiry from the Insurance Commissioner,

a licensed administrator shall furnish the Commissioner with an

adequate response to the inquiry within twenty (20) days from

receipt of the inquiry.